CONFIDENTIAL AND PERSONAL
-
- 2 -
-
come under significant pressure to explain.
4.
In your paragraph 4, you asked what was the likelihood of the exercise of the death penalty becoming a public issue in Hong Kong, either through ExCo or some other quarter. There was bitter and articulate resentment in the first half of the '70's at the frustration of the law. But
But though the resentment continues, it is seldom expressed with much force, and the situation is generally now seen as something which has to be accepted so long as the balance of opinion in the House does not change. Following Mr Ridley's exchange with Mr Marks, there were some references to it in the press here but our reply to local enquiries that the position stated by the C.S. in 1975 still applied seems to have quietened things down here. Since then three death sentences have been commuted without provoking comment. It is only likely to become an issue as a result of either a very sharp rise in violent crime, or of the issue being raised in the U.K.
5.
If Mr Ridley had come here I am sure the issue would have been raised. It might be raised with Mr Atkins, but I think that a firm statement that nothing had changed since 1975 would be accepted (with a reference if necessary to the vote in 1979 - see para 7 below). However, in the unlikely event of Mr Atkins being pressed on why Hong Kong is treated differently he would have to say that while the constitutional position was the same in all colonies, the absence of an elected legislature in Hong Kong did make a difference in U.K. political terms, even though H.M.G. did not accept the differentiation.
The
6.
In your paragraph 4, you also ask what problems would arise if from a certain date the death penalty were to be carried out in Hong Kong. punishment is in desuetude and has not been used since 1966. I think there would be objection to reintroducing it without giving notice that murders committed in future would once again be liable to incur a death sentence that would be carried out. If a murder were committed, say, on the day following the announcement, there would be a lapse of about 9 months or more before the case came to the Governor-in-Council for commutation or confirmation of sentence. This would give plenty of time for the numerically very small but highly articulate group opposed to hanging to organise themselves to provoke parliamentary intervention and pressure on the
/ 3